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Contract is only signed by husband but husband and wife both own the home. Can we still file a lien?

Texas

Anonymous General Contractor

Homeowner is refusing to pay the balance of his contract. He is the only signer on our contract but the home is owned by him and his wife. Can we still file a lien?

3 replies

Rhonda Allen

Construction Lawyer

Partner at Allen Killgore & White, PC

| 0 reviews

Mar 17, 2020

It depends on several things- is this their homestead being the first question.

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Anonymous General Contractor

Question Author

Mar 17, 2020

Yes, it is their primary residence.

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Ben House

Construction Lawyer

Legal Guard Lawyer

Attorney at House Perron & House Pllc

| 52 reviews

Mar 18, 2020

Probably not, if the home is indeed their homestead. One of the requirements of a homestead lien in Texas is having both spouses sign the contract, among several others. There are additional options an attorney can help you with in recovering payment owed. Ben House -- Texas construction attorney 2817621377

NOTICE: The advice provided above is of a general nature only and should not be relied upon under specific circumstances without first retaining an attorney
and having your legal issues reviewed in detail. Ben House and the law firm of House Perron & House PLLC are not agents, contractors, or employSee More...See More...

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